• Conditional gift deed

I have property in Chennai and want to transfer the property to my mother. The property was purchased with my own funds.  I have younger sister and she got married.  Can I able to execute conditional Gift deed with the following conditions:
1.  I would be able to cancel the Gift deed any time.
2.  My mother wouldn’t be able to sell the property and she can only transfer the property to myself or my wife or kids.
3.  After my mother has deceased, I should get back my property and my sister cannot claim any rights.
Asked 6 months ago in Property Law from Singapore
Religion: Hindu
1) once gift deed is executed title in property passes on to donee and she would be absolute owner of property 

2) you cannot impose condition that you will be able to cancel gift deed at any time or that on her demise your sister would not be able to claim any share 

3) deed of cancellation can be done only with consent of parties 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
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You cannot execute a conditional gift deed as per the conditions what you are mentioning here.
Instead of making a dummy gift deed, you can very well not make anything. You can make her an absolute owner orally and allow her to enjoy the full benefits for her lifetime without any interference while the property still lying in your name itself. 




A gift may be conditional subject to provisions of TPA as laid in section 26 cited below:


26. When gift may be suspended or revoked.—


The donor and donee may agree that on the happening of any specified event which does not depend on the will of the donor a gift shall be suspended or revoked; but a gift which the parties agree shall be revocable wholly or in part, at the mere will of the donor, is void wholly or in part, as the case may be.

A gift may also be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded.

Save as aforesaid, a gift cannot be revoked.

Nothing contained in this section shall be deemed to affect the rights of transferees for consideration without notice.
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
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1. You cannot cancel the gift deed at your whims and fancies. There has to be a condition imposed in the gift deed which has to be violated by your mother for you to cancel the gift deed. Furthermore, if your mother is in possession of the property as on the date of cancellation of the gift deed, which she refuses to vacate, you will have to file a suit for recovery of possession. 

2. You can restrain her though from transferring the property further. 

3. After the demise of your mother the succession will open in favour of her heirs.
Ashish Davessar
Advocate, Jaipur
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451 Consultations
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1. You can certainly execute and register a conditional gift deed but the conditions you have mentioned can nnot be treated as valid conditions for registering a conditional gift deed. The conditions are like.......a land is gifted for opening a free school or free medical treatment centre. Cancelling the gift deed at wish can not be considered as a valid condition to form a conditional gift deed,

2. Your condition that she can not sell the property and shall have to transfer it to you and your family members indicates that your mother will not get the title of the property. In this case there will be no valid gift deed. Here you are giving her the living right only till she lives,

3. The said condition will not  be included in to the Gift Deed. It will be treated as a licence or right given to your mother for residing in the said property, not a gift deed.

Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
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1) your mother can execute will bequeathing property to you under will 

2) will shoukd be attested by 2 witnesses duly stamped and regd 
Ajay Sethi
Advocate, Mumbai
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1230 Consultations
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Once you have transferred the immovable property to someone's name legally and properly then it can be understood that you have no more rights or interests in that property.  In such a situation  how do you think you can get it back?
Alternately, you can ask your mother to make a registered will in your favor by bequeathing this property which shall come into effect after her lifetime.
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0
After the intestate demise of your mother her property will devolve equally on all her heirs. 
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
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There is no other option.
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
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1. You can write a will giving your mother living right in your property,

2. You can also  register a conditional gift deed in favour of your wife or kid wherein you will set a condition that your mother will have the living right for his entire life which can not be disturbed.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0

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